Switchblades and Body Armor: The Second Amendment's Reach Beyond Guns

The Second Amendment isn’t always about guns. It’s about the right to defense.

Second Amendment victories are predominantly associated with firearms and firearm accessories, but the constitutional protections extend well beyond them.

In October, the U.S. Court of Appeals for the Fifth Circuit struck down a nearly 66-year-old federal prohibition on “switchblade” knives, ruling that the restriction violated the Second Amendment. That same month, a federal judge struck down New York’s ban on the purchase of body armor.

Both decisions rely on the Supreme Court’s landmark New York State Rifle & Pistol Association, Inc. v. Bruen ruling, which establishes a key precedent for interpreting laws that affect the Second Amendment. To pass constitutional muster, the government must now demonstrate that its initiatives are consistent with the nation’s historical tradition of firearm regulation.

Switchblades

Before the Fifth Circuit’s ruling, the introduction, manufacture for introduction, transportation, or distribution of a switchblade knife would result in a $2000 fine and up to five years in prison.

A switchblade is a knife that opens automatically by pressing a button or applying pressure to the handle. Other than its method of opening, it is no different than any other knife.

So, why were there such harsh penalties for the manufacture and sale of this weapon?

The reasoning is slightly comical. In 1958, the then-scandalous movie Rebel Without a Cause featured a knife fight scene. Congress, worried that Americans would recreate the fight, decided to pass the Federal Switchblade Act of 1958.

If Congress followed the same logic today, they would watch Deadpool and ban swords out of fear that Americans would start slicing each other with katanas. Which obviously did not happen.

Even though it took 66 years, the Fifth Circuit ruled “switchblade knives qualify as ‘Arms’ and are covered by the ‘plain text’ of the Second Amendment.” The court also ruled that there is not a historical tradition of regulating switchblades. For this reason, the law violates the 2022 Bruen precedent.

There is a “wealth of history indicating the founding-era uses of switchblades for defense,” the court wrote. “There are ‘millions’ of automatically opening knives in the United States now.”

Body Armor

New York residents also received a non-firearm Second Amendment victory in October after U.S. District Judge John Sinatra ruled against New York’s ban on the purchase of body armor.

New York Gov. Kathy Hochul signed the body armor ban into law in 2022 after a gunman in steel-plated body armor murdered ten people at Top’s Friendly supermarket. The shooter, Peyton Gendron, is currently serving a life sentence.

Hochul’s decision was reactionary and did not align with the Bruen decision’s requirements.

“Indeed, body armor is an ‘arm’ protected by the plain text of the Second Amendment,” Sinatra wrote. “As such, regulation in this area is permissible only if the state demonstrates that the new enactment is consistent with the nation’s historical tradition of sufficiently analogous regulations. New York fails that test.”

Fighting Against Infringement

The fight for the Second Amendment continues in courtrooms across the country, but the stakes extend far beyond the right to carry a firearm.

Similar to the switchblade and body armor decisions, the Bruen precedent has continued to fight against all forms of Second Amendment erosion. Magazine bans, sensitive carry locations, unrealistic taxes, lawfare against firearm manufacturers, debanking initiatives, and numerous other attacks continue to chip away at the God-given right to self-defense.

Americans must remain vigilant as the Left continues to seek restrictions on the Second Amendment, adapt strategies, and find new ways to undermine this fundamental freedom.

Without the right to bear arms, Americans risk becoming subjects of government power rather than citizens capable of defending their own liberty.

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